NTC-26713 - Declaration of Security Controlled Airport and Establishment of Airside Area – Albury Airport

Overview

The Aviation Transport Security Act 2004, enacted by the Australian Parliament, was introduced to ensure the safety and security of civil aviation against acts of unlawful interference. This Act plays a crucial role in safeguarding the nation's aviation infrastructure by establishing a comprehensive regulatory framework for security measures at airports. This legislative instrument is one instance of the Act's implementation, addressing the specific need to delineate and secure the airside area of Albury Airport. The policy objective, as stated in the Act, is to mitigate risks associated with unlawful interference at designated airports, thereby protecting passengers, crew, and aircraft. Through the revocation of a previous declaration and the establishment of new boundaries for the security controlled airport and its airside area, the Act ensures that security protocols are effectively tailored to the specific needs and layout of each airport.

Scope and Application

The Aviation Transport Security Act 2004 applies to persons, entities, and conduct associated with aviation security within Australia, focusing on the regulation of security at airports and on aircraft. This legislation sets out the framework for the establishment and management of security controlled airports and the designation of airside areas, ensuring the safety and security of the national aviation transport system. The Act applies to all airports in Australia, including those that are designated as security controlled airports, and extends to any person or entity involved in activities at these airports, as well as to any aircraft taking off or landing at these airports. The geographic reach of the Act is national, covering the entire Commonwealth of Australia, and it applies to all Commonwealth, state, and territory airports. The Act includes provisions for the revocation and establishment of security controlled airports and airside areas through subordinate instruments, thereby extending or restricting its application as necessary. Any exclusions, exemptions, or thresholds are specified within the Act and are subject to the discretion of the Secretary of the Department of Home Affairs, who can delegate such powers to appropriate officials. This Notice revokes a previous declaration regarding Albury Airport and re-establishes it as a security controlled airport, with specific boundaries and an airside area defined by the attached map, which is part of the notice. This revocation and re-establishment are effective upon publication in the Gazette and will remain in force until otherwise revoked and published.

Key Provisions

The key operative sections of the notice NTC-26713 relate to the revocation of the previous declaration of Albury Airport as a security controlled airport (section 28(2) of the Aviation Transport Security Act 2004) and the re-declaration of Albury Airport under the same Act. The notice also formally establishes an airside area for Albury Airport, with specific boundaries detailed in the attached map that forms part of this notice. These provisions are crucial as they delineate the legal status of Albury Airport and its airside area under the Act, ensuring that the airport operates under the appropriate security regulations. The obligations imposed by this notice on the parties and entities governed by the Act include adherence to the security measures and protocols as stipulated by the Aviation Transport Security Act 2004. This includes ensuring that all activities within the newly established airside area comply with the security standards set forth by the Act. The declaration also necessitates that all airport operations within the specified boundaries are conducted under the oversight and regulatory framework provided by the Department of Home Affairs. This includes any security personnel, airport staff, and other entities operating within the airside area. The Act provides for various offences, penalties, and consequences for breach of its provisions. For instance, unauthorised entry into a security controlled airport or the airside area can result in criminal charges. The Act specifies that a person who contravenes section 28(1) of the Act can be liable to a fine of up to 750 penalty units or imprisonment for a period of up to five years, or both. Additionally, any person found to be in breach of any other provision of the Act may face civil penalties, which can be substantial, depending on the severity and nature of the breach. These measures are designed to enforce compliance and maintain the security integrity of the airport and its operations.